joining me now, joey jackson, now defense attorney, and mercedes corps win who is a fox news legal analyst. joey, could he? >> absolutely not. listen, this is a person who has protected us for so long. megyn: irrelevant. conceded, butter rell vent. we concede, i mean. >> this was a personal failing. number one, no longer in the military. he's the director of our central intelligence. number two, by all indications there was no security breach. number three, these e-mails that were going back and forth were not linked to his cia e-mail, but were a personal account. number four, this was a matter of consensual. consensual matter between who people -- megyn: but, before you go down the list any further, but the united states code for military justice makes adultery a crime. if you're active duty. so if this happened, mercedes, while he was active duty before he took on the job as cia director, it is a crime potentially. >> exactly right. it's section 134. clear as day. now, he met broadwell back in 2006. they met on the harvard university campus. and suddenly he says, no, no, it was after i r